Museum , High Court of Sikkim

SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITYEx.Gaaz. Gangtok , May 16, 1975 No. 28 SKM/GOVERNOR (1) 75 ORDERI, Bipen Behari Lal, governor of Sikkim, hereby appoint Kazi Lhendup DorjiKhangsarpa to be the Chief Minister and on the advice of the Chief Minister thefollowing persons to be members of the Council of Ministers:-Bhawani Prasad DahalBhuwani Prasad KharelDorji Tshering BhutiaNayen Tsering LepchaRinsing Tongden Lepcha B.B. LAL, GOVERNOR 16.5.1975 40

VIEW OF GALLERY II 41

LADY JUSTICEThe concept of goddess of justice dates to ancient Egyptian and Greek times. She isdressed in Greco-Roman toga or tunic. Lady Justice was originally known as thegoddess Themis. In Greek, Themis means ‘Order’. She is also known as Justicia. Shesymbolizes the fair and equal administration of the law, without corruption, avarice,and prejudice. Lady Justice carries a sword and suspended scales. She wears ablindfold and stands on a serpent.Blindfold represents justice should be meted impartially and objectively. It alsosymbolizes the philosophy that justice should be rendered “without passion orprejudice.”Scale represents fairness and balance. All are fair before the facts of the case andthe judgment of justice.The double-edged sword faces downwards and is meant to represent power andstrength of justice which is swift and final.The serpent symbolizes that one must tread cautiously when working on justice. 42

SUMMARY OF THE HISTORY OF THE EVOLUTION OF JUDICIARY IN SIKKIMI. Administration of Justice during the period of Tribal Chieftainship:The ancient Sikkim was a habitat of tribal societies. The society functioned withoutany formal Government and was marked by absence of formal law. Like any tribalsociety in existence at that period of time, they had no written laws. Administrationof justice was the responsibility of the hereditary chief i.e. the headman or chieftain.The hereditary chief used to perform this function with the help of a council of elders.Disputes used to be decided in the open before other members of the clan. Thejudgments so delivered by the chieftain used to be honoured by the parties and thesociety at large. This system of administration of justice continues to this day inLachen and Lachung, in Sub-Division, Chungthang of North Sikkim. The villagecouncil locally called “Dzumsha” administers justice in this form.II. Administration of Justice during the Period of Monarchy:During the days of monarchy (1642–1975) administration of justice was in the handsof the King. He was the fountain head of justice. As it is said the King was themagistrate, monarch and high priest all in one. However, keeping in conformity withthe need of changing times, the King delegated certain judicial powers to Kazis,Lamas and Thikadars. The powers so delegated were, however, not defined and asa result, these authorities exercised unlimited judicial powers. It was only in 1906 thattheir judicial powers came to be defined by a notification.III. Administration of Justice during the Post Monarchy and the Present Period:The most important development of far reaching consequence in the judicial historyof Sikkim that took place with the very beginning of the post monarchy period wasthe coming into existence in the State of a judiciary which was separate andindependent of the executive organ of the Govt. The concept of independence ofjudiciary which had taken roots in the last phase of monarchy was given full shapeand form. Once the then existing High Court was recognised as the High Court ofSikkim under the Constitution like any other High Court in the country upon mergerand Sikkim becoming 22nd State of India, the immediate next initiative taken by thethen authorities was the enactment of Sikkim Civil Courts Act, 1978 with a view toconsolidate the laws relating to the constitution of Civil Courts subordinate to theHigh Court. The Sikkim State Judicial Service Rules, 1975 and Sikkim Superior JudicialService Rules, 1980 were then enacted providing for the mode of recruitment andservice of judicial officers, thereby creating a separate cadre of judicial officers inthe State. Besides, the Code of Criminal Procedure, 1973 which provided for bringingabout the separation of judiciary from the executive was extended and enforced inthe State of Sikkim in the year 1994. 43

DATE CREATION OF JUDICIAL HISTORY914 BC1182 PARTICULAR1653  A brief translation of Sikkim Laws taken from a Tibetan manuscriptBefore the British given to John Claude White (Political Officer of Sikkim 1889-1909) byAdvent the late Khangsar Dewan. It seems that the Sikkim Laws were founded 1889 on those spoken by Raja Melongdong, who lived in India before the time of Buddha 914 BC.  These laws were written again by Kun-ga-gyal-tsan of Sakyapa, who was born in 1182. He was king of thirteen provinces in Tibet, and has called the laws Tim-yik-shal-che-chu-sum or Chudug, there being two sets, one containing 13 laws and other 16.  The laws were again written by De-si-sangye Gya-tsho, who was born in 1653 and was viceroy of Tibet. The summary of sixteen laws dealt with general rules to be followed at the time of war; for those who are being defeated and cannot fight; for officers and government servants; Law of Evidence; grave offences; fine inflicted for offences in order to make people remember; Law of imprisonment; In case of offenders who refused to appear and orderly must be sent expressly to enquire into the case; murder; bloodshed, for those who are false or avaricious the following oaths are required; theft, disputes between near relatives, between man and wife, and between neighbours who have thing in common; adultery or taking another’s wife; law of contract and for uncivilized people. In the sixteen laws stated above there are references to courts and arbitrator. Giving us an impression that even during those days there was certain types of courts trying such offences. In an old lease granted about 300 years ago by the 6th Maharaja of Sikkim Raj Tenjin Numgale by caste Mew, who was the descendent of Dharumraj of Buddha avatar, in the said lease it was mentioned that “This document written in the Supreme Court of Sikkim Raj and Darbar called Ruptanchi”. The Kazis and the Thikadars as Land Lords held more or less the position of feudal barons as feudal system like the ones existing in the medieval Europe was the prevailing system of land tenure in Sikkim. John Claude White was appointed as Political Officer in Sikkim to advise and assist the then Maharaja in the internal administration of the country. A representative council selected from the Chief men in Sikkim was also constituted with the same view. 44

1889-1917 The Administration of the State of Sikkim was carried on through the representative council, when in 1917 full powers were conferred on His18th July 1906 Highness the Maharaja of Sikkim by His Excellency the Viceroy (vide28th July 1906 extracts from letter No. 2283 dated 2.8.1895 from Government of Bengal1910-1911 to Government of India) Between this period Sikkim was virtually under the superintendence of the1916 Political Officer in Sikkim to assist the Maharaja in Council and it was1st April, 1923 during this period that all administrative reforms were undertaken and carried out in the State. Extract of the Council Meeting held at the Residency, Gangtok reflects that certain Kazis and Thikadars (Adda Courts) were invested with higher judicial powers, divided into four classes and their pecuniary jurisdiction were defined.  This order of the Maharaja in Council limits and clearly defines the judicial powers of the Kazis, Lamas and Thiccadars. That vide the said Order of the Maharaja in Council pecuniary jurisdictions were defined.  Serious offences were to be tried in the Court of the Political agent.  Everybody had right of appeal to the Court of His Highness the Maharaja and the Political Agent.  Administrative Report of the Sikkim State shows that the Court of the Political Officer conducted trials of only British subjects and of serious criminal offences while other cases were tried before the Court of the H.H. Maharaja.  In the same period one “Indian Panchayat” was also formed consisting “of Four Indians, (one as President), one Nepali and one Sikkimite as members”. The Indian Panchayat was empowered to try petty civil and criminal cases in which British subjects were the Defendants.  The Sikkim Chief Court came into existence. It started hearing appeals against the decisions of the lower courts i.e. the Courts of Kazis, Lamas, Thikadars known as the “Adda Courts” exercising the powers simultaneously with the Court of Political officer.  The Chief Court also exercised original jurisdiction in both civil and criminal matters.  The Courts of Munsiff and other magistrates were invested with different civil and criminal jurisdiction.1922-23  Administrative Report 1922-23 makes it evident that there was Sikkim Chief Court having both Civil and Criminal Jurisdiction. The Sikkim Chief 45

1923-24 Court comprised of 12 members selected from Head-men of the State,1924-25 would sit for 2 months at a time in benches of 4 members. They would try all important cases and hear appeals against the decisions of the1927-28 Land Lords Court.1928-29  Kumar W. Polden continued in the office of the Judicial Secretary of His Highness the Maharaja of Sikkim and during his leave Mr. Penstonji Jamasji held charge of the Judicial Department.  Annual Administrative Report 1923-24 reflects that the Sikkim Chief Court continued to function as before and in the same manner.  The Darbar acquired the services of competent legal man in the person of Mr. Rup Narayan, B.A.B.L.T from Punjab who was appointed as Chief Judge of the Sikkim Chief Court with effect from 1924 on a pay of Rs. 300/- 20 - 400. Report (Law & Justice) for 1924-25  The old system of a bench of Honorary Judges selected by rotation from amongst the prominent landlord magnates was finally done away with in February 1924 and a permanent stipendiary Judge had been appointed.  Revenue suits are not taken cognizance of as the same are dealt with on executive side by the Durbar.  The Chief Court is not the final court of Justice in Sikkim. Its decisions are appealable to the Supreme Court of his Highness the Maharaja.  The Landlords Courts are neither Honorary nor fixed stipendiary court. They are entitled to half of the court fees realized and half of the fines imposed by them.  There were 57 Adda Courts in Sikkim.  The Adda Courts were invested with specified judicial powers (civil and criminal).  Above the Adda Courts was the Chief Court, whose presiding officer was designated as the Chief Judge.  Durbar Courts had no jurisdiction in the trial of criminal cases against British subjects residing in Sikkim.  Political Officers who held the 1st jurisdiction could waive his right of trial in favour of Durbar.  In civil litigation the Plaintiff, if a British subject had choice of forum, he could take his case to the Political Officer’s Court or Durbar Court.  The Court of His Highness the Maharaja formed the last court of Appeal and it had no original jurisdiction. 46

 A board on the lines of Judicial Committee of Privy Council of England heard the parties to the other parties and tendered its opinion to the H.H. Maharaja. This practice of the Board hearing appeals seemed to have continued till the formation of the appellate court of Sikkim and a legally qualified person was appointed as the presiding officer.24th January,  The Government took a policy decision on Adda reforms.1948  Prominent Land Lords desired and relived themselves of their judicial duties.  Creation of Panchayat Tribunal in every Estate.  It would consist of the landlord cum a Government recognized Panchayat of four bustiwallas of that estate.  The tribunal judgement would be signed by all five members of the court. They had been invested with civil powers to hear suits to the limit of Rs. 100/- only in value.  The landlord courts would cease to function from the date of which the new Tribunals come into being.  This notification is under the signature of Mr. T.D. Densapa Private Secretary to Maharaja22nd November,  Maharaja vested power to Chief Judge and Secretary, Land Revenue1948 and Forest, with powers of Revenue Court 1st grade. It was empowered to attach and sell moveable and immovable properties of defaulters for realization of khazana and also to detain them in civil prison.  Appeals from the order of Revenue Court 1st grade would lie with the Maharaja and the Revenue Court 2nd grade to the Chief Judge.5th August, 1950  With the appointment of J.S.Lall, ICS as the Dewan of Sikkim State certain landmark changes were brought about.  Honorary Court Rules Framed.  The Honorary Court rules constituted six such courts at Gangtok, Rhenock, Rangpo, Namchi, Soreng and Geyzing.  The Honorary Court powers both Magistrial and Civil were clearly defined.  Civil suits were to be instituted directly in Honorary Courts.  Criminal cases would be instituted in the court of the Tashildar and transferred to the Honorary Courts by the Tashildars as they considered fit.  No state prosecution could be transferred to Honorary Courts.  Appeals from the decisions of Honorary Courts would lie to the Tashildars in the first instance and thereafter to the Chief Court. 47

 There would be one review before the Court of the Dewan.  The procedures for sitting, quorum were also laid out.  Jurisdictions were also defined.  No Magistrate was allowed to sit or hear any case in which he or any of his relatives was interested in any way.  The Tashildar were to have supervisory power over the Honorary Court and were required to submit reports to the Dewans.  Revisional powers were given to the Chief Judge and the Dewan.7th June, 1953 Justice M.P.Asthana came to Sikkim and assumed charge as Judge, High Court of Judicature at Gangtok.31st July, 1953 M.P. Asthana, Judge of High Court of Judicature at Gangtok. Salary at Rs. 600/- pm1953-55 Justice M.P. Asthana presided over the High Court of Judicature at Gangtok and rendered many judgments.4th Feb, 1954 J.S.Lall, the Dewan of Sikkim in his Address stated:- “The separation of the judiciary from the executive, was also achieved during the year. Your Highness has established a High Court of Judicature presided over by a judge of great discernment and experience. A penal code has been adopted and measures are being taken to codify the customary laws of the people..... The establishment of this court has relieved the Dewan of a heavy burden”.9th September, Sikkim State, Home Department Notification signed by N.K.Rustomji, I.C.S.,1954 Dewan Sikkim State by which it was notified that Criminal and Civil Appeal from Courts subordinate to the Court of the Chief Magistrate would be filed in the High Court in partial modification to order no S/331 dated 21st Oct, 1953.17th April, 1955  Although Justice M.P.Asthana had assumed charge as Judge, High Court of Judicature at Gangtok from 7th June 1953 it was realized that the High Court had not yet been established and thus a Proclamation titled “High Court of Judicature (Jurisdiction and Powers) Proclamation of 1955” was issued by His Highness Shri Tashi Namgyal, the Maharaja of Sikkim.  The Maharaja’s prerogative of mercy and pardon and his powers of remission, commutation and reduction of sentence were kept intact. The Maharaja also retained his prerogative to set up and special tribunal for the review of any case, civil or criminal, provided that the President of such tribunal shall be a judicial officer of the status of a High Court Judge and provided further that such prerogative shall be exercised in only very special cases where, in the opinion of the Maharaja there may be apprehension of miscarriage of justice. 48

2nd July, 1957 H.H. the Maharaja of Sikkim was pleased to vest the Chief Magistrate with powers to try cases summarily.30th August, 1963 Government of Sikkim Notification by which H.H. Maharaja was pleased to order:-  The chief magistrate shall have the power to entertain and dispose all appeals from the decisions of the courts of all Magistrates in Sikkim in regard to both civil and criminal cases.  In all cases where Cr.P.C. lays down commitment proceedings, the Chief Magistrates Court shall have the original jurisdiction.  All such offence in Indian Penal Code which was triable by Court of Session or Magistrate of 1st Class were to be filed before the Chief Magistrate’s Court for trial and disposal.12th September, In exercise of the power conferred by the High Court of Judicature1964 (Jurisdiction and Powers) Proclamation of 1955 in clause 11(b) H.H. the Chogyal of Sikkim was pleased to appoint Justice Bijayesh Mukherjee, a Judge of the Calcutta High Court, Rai Bahadur Tashi Dahdul Densapa and Rai Sahib Bhim Bahadur Pradhan as Members of Special Tribunal at Gangtok to hear and decide the Review Petition of the Government of Sikkim against the Judgement of the Sikkim High Court dated the 30th June, 1960 in Criminal No. 3 of 1960, Tsewang Lachungpa versus Sikkim Government arising out of Criminal Case No. 10 of 1959, under 302 IPC.19th October, In exercise of the power conferred by the High Court of Judicature1973 (Jurisdiction and Powers) Proclamation of 1955 in clause 11(b) H.H. the Chogyal of Sikkim was pleased to constitute a Special Tribunal to hear some of the pending Memorial Petitions against the judgment orders of the High Court of Judicature in Sikkim and submit its recommendations to the Chogyal. The Chogyal was further pleased to appoint Justice D M Sen, Judge of the Guwahati High Court as Chairman and Sonam Tsering and Kashiraj Pradhan as members. The Special Tribunal would sit from Saturday 20th October, 1973 and regulate its own procedure.17th November,  Notification of H.H. the Chogyal of Sikkim commanding “in keeping with1973 the principle of independent judiciary which has been gradually introduced and firmly established in Sikkim in recent years it is necessary to reorganise the judiciary appropriately”.  H.H. the Chogyal was pleased to re-designate the Courts and the presiding officers as follows:- (i) The Lowest Court would be designated as District Court and Presiding Officer will be designated as Assistant District Judge or 49

District Judge according to the seniority. Post of Munsif Magistrate would stand abolished. (ii) The Court of the present Chief Magistrate would be designated as the Central Court of Sikkim and the presiding officer would be designated as Judge of the Central Court. (iii) The High Court of Judicature in Sikkim will remain as High Court and the presiding officer would continue to be the Chief Justice of Sikkim.28th November, Tarachand Hariomal, the Chief Magistrate was designated as the Judge1973 of the Central Court after re-designating of the courts1974 The Government of Sikkim Act 1974 enacted in pursuance of the Historic agreement of 8th May, 1973 between the Chogyal, the leaders of the Political parties representation the people of Sikkim and the Government of India provided in section 31 “All Judges shall be independent in the exercise of their judicial function and subject only to this act and the laws.”10.4.1975 Proclamation abolishing the institution of Chogyal.26.4.1975 The Constitution (Thirty-Sixth Amendment) Act, 1975 was enacted inserting Article 371F of the Constitution of India providing for special provisions with respect to the State of Sikkim. It provided that notwithstanding anything in the Constitution “371F(i) The High Court functioning as such immediately before the appointed day in the territories comprised in the State of Sikkim shall, on and from the appointed day, be deemed to be the High Court for the State of Sikkim; (j) All courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of state of Sikkim shall continue on or from the appointed day to exercise their respective functions subject to the provisions of this Constitution;…….”13.9.1975  The Adaptation of Sikkim Laws (No.1) Order, 1975 in exercise of powers conferred by clause (1) of Article 371F of the Constitution under the Second Schedule omitted section 2, 3 and 5 and sections 9 to 13 of the “High Court of Judicature (Jurisdiction and Powers) Proclamation of 1955”  Henceforth the High Court of Sikkim would follow the provisions of the Constitution for its functioning. With the abolishing of the institution of Chogyal the Maharaja’s prerogative and powers provided in “High Court of Judicature (Jurisdiction and Powers) Proclamation of 1955” was also removed. 50

SUMMARY OF SIXTEEN LAW EXTRACTED FROM H.H.RISLEY’S* BOOK “THE GAZETTEER OFSIKKIM” REFERS TO COURTS AND ARBITRATORS. THE SAID BOOK WAS FIRST PUBLISHEDIN 1894. “SIKHIM LAWS The following is a short account of the Sikhim Laws as translated from amanuscript copy obtained from the Khangsar Dewan. The language used in thisbook is difficult, and thanks are due to the Phodong Lama and Lamas ShorabGyatsho and Ugin Gyatsho for the help they have given. HISTORY The Sikhim Laws are founded on those spoken by Raja Me-long-dong,1 wholived in India before the time of Buddha (914 B.C.). This Raja is mentioned in the Ka-gyur2 in the 31st chapter. They were again written by the Kun-ga-gyal-tsan*3 of Sa.kya-pa, who wasborn in 1182. He was King of 13 provinces in Tibet, and has called the laws† Tim-yik-shal-che-chu-sum or Chu-dug,4 there being two sets, one containing 13 laws and theother 16.‡ These are practically the same. The laws were again written by De-Sisangye Gya-tsho,5 who was born in 1653 and was a Viceroy of Tibet. They werecalled by him Tang-shel-me-long-nyer-chik-pa. §6 The first set of laws deal with offences in general; the second set forth theduties of Kings and Government servants, and are simply an amplification of some ofthe laws contained in the former. SUMMARY OF THE SIXTEEN LAWS No. 1. — GENERAL RULES TO BE FOLLOWED IN TIME OF WAR (a) It is written in the Ka-gyur that before going to war the strength of the enemy should be carefully ascertained, and whether any profit will be derived from it* Sir Herbert Hope Risley KCIE CSI (4.1.1851-30.9.1911) was a British ethnographer & Colonialadministrator, a member of the Indian Civil Service, Companion of the Indian Empire Officier D'Academie Francaise.1 Me-long-gdon.2 bkah-hgyur-mdo-sa-pa.3 kun-dgah-rgyal-mtsan.4 khrims-yig-zhal-lche-bchu-gsum.5 sde-srid-sangs-rgyas-rgya-mtso.6 dang-shel-me-long-gnyer-gchig-pa.* Full name Sa-skya-penti-ta-kun-dgah-rgyal-mtsan.† The law of 13 causes.‡ The book containing the 16 laws is supposed to have been amplified from the 13 laws by De-si-sanyaGya-tsho.§ The 21 laws as clear as crystalsangya Gya-tsho.§ The 21 laws as clear as crystal. 51

or not. It should also be seen if the disputed cannot be settled by diplomacy before going to war. Care should also be taken that by going to war no loss be sustained by your Government. Whatever the cause of dispute, letters and messengers between the contending parties should on no account be stopped, and messengers should be properly treated. Any one coming with overtures of peace should be well received. (b) Should two or more enemies combine against you, no means should be left untried to separate them, and if possible to bring one over to your side, but false oaths should not be resorted to, nor the using of God’s name. (c) The lie of the ground should be well examined to see how the roads run, and whether your position is strong. (d) If it is necessary, other methods having failed, to go to war, you should all combine, and being of one mind should attack. See that there are no sick, lazy, or timid in the ranks, but only those who fear not death. See that your own soldiers obey the law, and all should obey the orders of the General. Experienced men should only be sent, and not those who look after their own interest only. The army should be divided into three divisions under the command of different officers. The General and his staff should be trusted men who can guide the army: they should do their work thoroughly. Your horses, tents, and arms should be kept in good order. A doctor, diviner, astrologer, and lama should be appointed. The tents should be properly arranged that first day, and this arrangementadhered to so as to prevent confusion. On moving, the fires should first be put out,the wounded should be cared for, and in crossing rivers order should be kept, andthose behind should not push forward. Things found should be returned withoutasking a reward, and should not be concealed or kept. Thieves are not to beflogged, but only to have their hands tied behind them, but they may be fined.Should any one kill another by mistake, he must pay the funeral expenses. Shouldany combine and kill another, they must pay twice the fine laid down by law. Anydisputed loot must be drawn for by lots between the contending parties. The General should appoint sentries, who must look to the water-supply andsee they become not easily frightened. They should allow no stranger to enter thecamp armed, but should be careful not to kill any messenger. If a sentry kills amessenger coming to make peace, he shall be sent to his home to disgrace onsome old, useless horse with broken harness. No. 2. — FOR THOSE WHO ARE BEING DEFEATED AND CANNOT FIGHT When a fort is surrounded, those in the fort should remain quiet and shouldshow no fear. They should not fire off their arms uselessly and with no hope of hittingthe enemy. The well within the fort should be most carefully preserved. Those withinthe fort should not be allowed to communicate with the enemy for fear of 52

treachery. They should not be lazy. Until peace is declared the messenger shouldreceive no reward. Should you be defeated, you must give up your arms, and those who givethem up must not be killed. Should any one kill one who has given up his arms, hemust be derided and scoffed at as a coward. If during a conflict you capture a General or Officer of rank, you should bindhis hands in front with a silk scarf; he should be allowed to ride his own horse oranother good horse, and should be treated well, so that in the event of your everfalling into his hands he may treat you well also. Any other prisoners should have theirhands tied behind them and they should be made to walk. Officers should beplaced on old, worn-out horses with broken harness and rope stirrups. Should anarmy be defeated and be obliged to fly, nothing should be said to them, but theyshould not be rewarded or receive any presents, even though the leader be a greatman. The prisoners should receive what is necessary for subsistence and alsoexpenses for religious ceremonies, and men of rank should be treated well and withconsideration. A man can only make a treaty for himself and his descendants. No. 3. — FOR OFFICERS AND GOVERNMENT SERVANTS These should leave off their own work and apply themselves entirely toGovernment work, should obey the orders of the Viceroy and head of the Church,should not change the shari (hat sects) and Tub-tha (religious sects). In the fifth month they should kill no animals, and the Raja’s store should bewell kept, so that there be no deficiency. They should repair the images, templesand books, and all passes and roads. Also on the 10th of this month the “dadok”ceremony must be performed.* If a man be sent on private business, the name of Government should not beused. Debts may be recovered through officers, who should patiently hear the caseand not give arbitrary orders. They should give just judgment and not favour thosewho can reward them. They should enquire diligently into all cases, and leave nocases undecided, so that all men can say your work has been well done. No. 4. — LAW OF EVIDENCE You should listen carefully to what is said by both parties. Equals by birthshould be heard at the same time and place. Thos that are not equals should beheard separately. Should any one not agree to your decision, he can be fined. No. 5. — GRAVE OFFENCESThere are five sins:* This pooja is performed in order to send our enemies away. 53

(1) Murder of mother, (2) murder of holy men, (3) murder of father, (4) making mischief amongst Lamas, and (5) causing hurt to good men. There are also the sins of taking things from Rajas and Lamas for our own use; causing a good man to fail through no fault of his own; administering poison; killing any one for gain; causing strife in a peaceful country; and making mischief. For the above offences punishments are inflicted, such as putting the eyesout, cutting the throat, having the tongue cut out, having the hands cut off, beingthrown from cliffs, and being thrown into deep water. No. 6 — FINES INFLICTED FOR OFFENCES IN ORDER TO MAKE PEOPLE REMEMBER Certain crimes may be punished by money fines, varying in accordance withthe gravity of the offence. When a number of men have committed dacoity, they may be fined from 15to 80 gold srang.* For small offences smaller fines are imposed, and can be paideither in money or in kind; the amount to be settled by the officer trying the case. No. 7. — LAW OF IMPRISONMENT Any one rioting, using arms, and disputing near the court can be imprisoned.Thieves and those who destroy property, and those who do not obey the villageheadman, those who give bad advice, those who abuse their betters, can bebound and put in the stocks and fined according to the law, and are only releasedif petitioned by some one in authority who makes himself responsible for his fine. No. 8. — FOR OFFENDERS WHO REFUSE TO COME IN AN ORDERLY HAS TO BE SENT EXPRESSLY TO ENQUIRE ABOUT THE CASE A messenger who is sent off at a moment’s notice should receive 3 patties* ofbarley per diem for food and a small sum in money, according to the importance ofthe case in which he is employed, but the messenger’s servants should not be fed.The messenger is allowed one-fourth of the fine for his expenses. Should an agent not settle a case properly, he must return to the villagerswhat he took, otherwise the villagers will have much trouble given them. The agent should report having received the fine on penalty of forfeiting one-fourth what he has taken. When a fine is imposed, it should be at once collected, noexcuse being taken. If an agent is sent to collect rent, he should be fed twice by theheadman. Of stolen property recovered by an agent, the Government receives one-tenth value.* Note.—One srang = one oz. 54

No. 9. –– MURDER For killing a man the fine is heavy—even up to many thousands of goldpieces. In the Tsalpa law book it is written that if a child, a madman, or animal killsany one no fine is taken, but that money must be given by the relations of the firsttwo for funeral expenses, and one-fourth of that amount must be given by theowner of the animal towards these expenses. Should one man kill another and plead for mercy, he must, besides the fine,give compensation and food to the relative of the deceased. Should a man kill his equal and the relatives come to demand compensation,he must give them 18oz. of gold in order to pacify them. The price of blood shouldnever be too much reduced, or a man may say, “If this is all I have to give, I will killanother.” The arbitrator must take the seal of each party, saying they abide by hisdecision, and they must each deposit 3oz. of gold as security. Fines can be paid in cash, animals, and articles of different kinds. The price for killing a gentleman who has 300 servants, or a super-intendent ofa district, or a Lama Professor, is 300 to 400oz. gold srang. For full Lamas, Governmentofficers, and gentlemen with 100 servants the fine is 200oz. of gold. For killing gentlemen who possess a horse and 5 or 6 servants, working Lamas,the fine is 145 to 150oz. of gold. For killing men with no rank, old Lamas, personal servants, the fine is 80oz. ofgold. For killing a man who has done good work for Government the fine is 50 to70oz. of gold. For killing unmarried men, servants, and butchers the price is 30 gold srang. And for killing blacksmiths and beggars 10 to 20oz. of gold. These prices can also be paid in grain. The prices for funeral expenses mustbe paid within 49 days. On the fines being paid, a letter must be written and a copy given to eachparty, saying that everything has been settled. If a case is re-opened, a fine must bepaid by him who opens the case. The murdered must write to the effect he will notcommit such a crime again. Part of the fines can be given towards the funeralexpenses of the deceased. 55

No. 10.—BLOODSHED In the old law it is written that for any drop of blood shed the price varies fromone to one-quarter zho.* A man may even be beheaded for wounding a superior.For wounding his own servant a man is not fined, but he must tend the woundedman. Should two men fight and one wound the other, he who first drew his knife isfined, and he who is wounded must be tended by the other till his wounds be well.The fines are payable in money or kind. Should a man wound another without anyfight, he is fined according to the law of murder. If in a fight a limb or an eye is injured, the compensation to be given is fixedby Government. No. 11.—FOR THOSE WHO ARE FALSE AND AVARICIOUS THE FOLLOWING OATHS ARE REQUIRED If it is thought a man is not telling the truth, an oath should be administered. Atthe time of taking an oath powerful gods should be invoked, and those whoadminister the oath must be present. It is written in ancient law that the bird ofParadise should not be killed, the poisonous snake should not be thrown down, theraven should not be stoned, and the small turquoise should not be defiled. Thus pureLamas and monks should not be sworn. Magicians, shameless persons, women, fools, the dumb, and children shouldnot be sworn. Men should be employed who know both parties and are intelligent andtruthful. Those willing to take an oath should be of equal rank. When all are present,the case should first be settled, if possible, by arbitration. If this fails, the ordeal eitherby hot stones or boiling oil is resorted to. That by oil: The oil must be supplied byGovernment and must be pure. It is boiled in a pan at least 3 inches deep. In the oila black stone and a white stone are placed of equal size and weight. He who has totake the oath must first wash his hands in water, in milk, and in a widow’s urine. Hishand is then bound in a cloth and sealed. This is done a day or two before theordeal in order to give him a chance of confessing. The vessel with the boiling oil isthen placed so that the stones cannot be seen, and he has to take one out. If hetakes out the white one without any burn, he wins his case. He who gets the blackstone is sure to be burnt and loses his case. Should he who gets the white stone beslightly burnt, it means he has partially spoken the truth and wins half his case. That by hot stone: The stone is made hot by the blacksmith, taken out of thefire with tongs, and placed on a brass dish. The man’s hands are washed as before,examined to see what marks there are on it produced by labour, and the hot stoneplaced in the palm. With the stone he must walk 4 to 7 paces. His hand is thenbound up and left for 3 to 7 days. On examination if there are no marks, or if there isa long mark called rdo-lam, he wins his case. He also wins his case if the stone bursts* The word ‘zho’ means a drachm, or as a coin two-thirds of a rupee. 56

three times in being heated. It depends on the number of marks how much of hiscase he wins. A cloth and a rug have to be paid as expenses, and the brass vessels go tothe blacksmith. In order to test the oil for boiling, a grain of barley is thrown in: if it fliesinto the air, the oil is ready. Whilst placing his hands in the oil or holding the hot stone, a statement inwriting of the case is placed on the person’s head. The ordeal by oil may be gone through without using the stone. Mud and water can be used in place of oil. Hot iron used to be employed inplace of the stone, but is now discontinued. No. 12—THEFT For taking a Jongpen’s or other great man’s things, 10,000 times their valuehas to be given in return. For taking a Lama’s things 80 times their value has to begive, a neighbour’s things 9 times, and a villager’s 7 times. For taking a stranger’sthings 4 times. Beggars who steal from hunger have only to give back what they took.Should one man accuse another falsely of stealing, he must give him ascompensation what he accused him of stealing. Should a man find anything on the road and without telling take it for himself,he must be fined double its value; but should he tell, he receives one-third the value.Should any one recover stolen property, but not be able to catch the thief, hereceives half of the property recovered. Should any one find a horse, any cattle, yaks or sheep and keep them for ayear without finding the owner, he receives one-fourth of the value, provided he hasnot in the meantime used the animals for his own benefit. Should any one wound a thief he is not fined. If a thief whilst running away be killed by an arrow or stone, small fine only istaken. Should any one having caught a thief kill him, he is fined according to the lawof murder. The reward for catching the thief is from 1 to 5oz. of gold, according tothe amount of the property stolen. No. 13—DISPUTES BETWEEN NEAR RELATIVES. BETWEEN MAN AND WIFE AND BETWEEN NEIGHBOURS WHO HAVE THINGS IN COMMON If a husband wishes to be separated from his wife, he must pay her from 18zho, the amount varying in accordance with the length of time they have beenmarried. 57

If the wife wishes to leave her husband, she must pay him 12 zho and one suitof clothes. The wife on separation also receives the clothes given to her at hermarriage, a list of which is always taken, or its equivalent in money. Should there be children, the father takes the boys and the mother the girls;the father paying from 5 to 15 zho for each son, called the price of milk. If thewoman has committed no fault, she receives her ornaments. Should a family wish to separate, a list of the who property should be takenand divided according to circumstances. The father and mother are asked withwhom they would like to live, and if there is any dispute about it, lots are draws. Themarried children’s property is first separated from the rest, and if any children aregoing to school, their expenses must be taken from the whole before decision. No. 14.—TAKING ANOTHER’S WIFE OR ADULTERY The old law runs that if any one takes a Raja’s or Lama’s wife, he may bebanished, have his hands cut off, or his penis cut off. He may also have to pay aweight in gold equal to his penis and testicles. For violating a woman of differentposition 3oz. of gold have to be paid to the woman’s relations and 4 gold srang toGovernment, besides many things in kind. For violation of a woman of the same position, 2 or 3 gold srang and severalkinds of articles have to be paid. If the woman goes of her own accord to the man, he has only to pay 1 goldsrang and three kinds of articles. Should one man’s wife entice another married man to go with her, she has topay seven things in kind. Should a man and woman cohabit on a journey there is no fine. No. 15.—LAW OF CONTRACTShould any one take a loan of cattle, yaks, sheep, &c., and they die in his charge,he must pay for them. Should they die one night after being returned, it is theowner’s loss. If they die before midnight of the night they are returned, the borrowerhas to pay. Should a horse die whilst on loan from a wound, one-fourth to one-third itsvalue will have to be paid. Should any one having made an agreement to take anything refuse to takeit, the articles being good, he must pay one-fourth its value. If there be any mistakein an account, it can be rectified up to one year. 58

No. 16.—FOR UNCIVILIZED PEOPLE Such as Bhuteas, Lepchas, Mongolians, who know no law, therefore what iswritten is not required in Tibet. The Mongolians also have their own law, written byRaja Kesar, of which we know little. Any Government messenger must be supplied with what he wants (such ashorses, food, &c.), and if not provided he can take them. Also whilst halting he mustbe supplied with food and fire. But the messenger must not draw his sword or use hisbow, or he will be liable to a fine, and he must only take what is necessary to theperformance of the Government work.” 59

1931: LAND LORDS MEMORIAL PETITION TO HIS HIGHNESS OF SIKKIM, GANGTOKREGARDING THE STATUS OF THE LANDLORDS IN SIKKIM STATE ALONG WITH NUMBER OFANNEXURES. HOWEVER, ONE ANNEXURE IN PARTICULAR BEING “ANNEXURE “A” IS ATRANSLATION OF A OLD LEASE DEED ABOUT 300 YEARS AGO BY THE 6TH MAHARAJA OFSIKKIM RAJ TENJIN NUMGALE BY CASTE MEU, WHO WAS THE DESCENDENT OFDHARUMRAJ OF BUDDHA AVATAR, IN THE SAID LEASE IT WAS MENTIONED THAT “THISDOCUMENT WRITTEN IN THE SUPREME COURT OF SIKKIM RAJ AND DARBAR CALLEDRUPTANCHI”. 60

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18.07.1906: EXTRACT OF THE COUNCIL MEETING HELD AT THE RESIDENCY, GANGTOKREFLECTS THAT CERTAIN KAZIS AND THIKADARS (ADDA COURTS) WERE INVESTED WITHHIGHER JUDICIAL POWERS, DIVIDED INTO FOUR CLASSES AND THEIR PECUNIARYJURISDICTION WERE DEFINED. 79

THE ORDER OF MAHARAJA DATED 28TH JULY, 1906 80

 This order of the Maharaja in Council limits and clearly defines the judicial powers of the Kazis, Lamas and Thiccadars. That vide the said Order of the Maharaja in Council pecuniary jurisdictions were defined. Serious offences were to be tried in the Court of the Political agent. Everybody had right of appeal to the Court of His Highness the Maharaja and the Political Agent. 81

CHIEF COURT 15.3.1915: MAHARAJA KUMAR’S LETTER TO C.A.BELL, POLITICAL OFFICER IN SIKKIM’S AGREEING TO THE PROPOSAL FOR CREATION OF SIKKIM CHIEF COURT OF NINE PERSONS, SITTING IN BENCH OF THREE PERSONS EACH. SCHEDULE OF THE BENCH FOR SIKKIM CHIEF COURT. 82

RUP NARAYAN CHIEF JUDGE, SIKKIM CHIEF COURTRup Narayan was the second son of Raibahadur Tilok Chand and Tirath Devi. Hewas born in 1887 in Kasur. Raibahadur Tilok Chand retired in 1915 as DeputyCommissioner of Montgomery District. Rup Narayan passed his matriculationexamination and entered the Government College Lahore from where he did his FAand BA with Persian as one of his subjects. He went on to complete his LLB at the lawcollege in 1909.Rup Narayan was an easy going man, philosophical and agnostic and verycompassionate. He was a practicing lawyer in Leiah till 1915. Around the said time,he came to know through his relatives that the princely state of Sikkim was seeking aChief Judge. In 1915, the Sikkim Chief Courts were created. The 1923–1924 annualadministration report of the Judicial Department of the State of Sikkim informs us that“with a view to further improve the Judicial administration of the State, the Durbarhas acquired the services of a competent legal man in the person of Mr. RupNarayan BA BLT from Punjab and has been appointed as Chief Judge of the SikkimChief Court from the year 1923, on a pay of Rs. 300/- 20-400.”The records of the Chief Court reveal that Rup Narayan presided over the ChiefCourt as late as 1953. 83

ANNUAL ADMINISTRATION REPORT FOR THE YEAR 1922 – 23 Administrative Report 1922-23 makes it evident that there was Sikkim Chief Court having both Civil and Criminal Jurisdiction. The Sikkim Chief Court comprised of 12 members selected from Head-men of the State, would sit for 2 months at a time in benches of 4 members. They would try all important cases and hear appeals against the decisions of the Land Lords Court. Kumar W. Polden continued in the office of the Judicial Secretary of His Highness the Maharaja of Sikkim and during his leave Mr. Penstonji Jamasji held charge of the Judicial Department. 84

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1ST APRIL 1923: THE COURTS OF MUNSIFFS MR RUP NARAYAN, CHIEF JUDGEAND OTHER MAGISTRATES WERE INVESTED ALONG WITH OTHERS WEREWITH DIFFERENT CIVIL AND CRIMINAL NOMINATED BY THE DARBAR TO BEJURISDICTION PART OF THE ADVISORY COUNCIL IN 1924 86

REPORT (LAW & JUSTICE) FOR 1924-25 The old system of a bench of Honorary Judges selected by rotation from amongst the prominent landlord magnates was finally done away with in February 1924 and a permanent stipendiary Judge had been appointed. Revenue suits are not taken cognizance of as the same are dealt with on executive side by the Durbar. The Chief Court is not the final court of Justice in Sikkim. Its decisions are appealable to the Supreme Court of his Highness the Maharaja. The Landlords Courts are neither Honorary nor fixed stipendiary court. They are entitled to half of the court fees realized and half of the fines imposed by them. 87

NOTIFICATION No. 3054-254/P.S.DATED 24TH JANUARY, 1948 PROVIDED THAT:- The Government took a policy decision on Adda reforms. Prominent Land Lords desired and relived themselves of their judicial duties. Creation of Panchayat Tribunal in every Estate. It would consist of the landlord cum a Government recognized Panchayat of four bustiwallas of that estate. The tribunal judgement would be signed by all five members of the court. They had been invested with civil powers to hear suits to the limit of Rs. 100/- only in value. The landlord courts would cease to function from the date of which the new Tribunals come into being. 88

5.8.1950: J.S.LALL, ICS, DEWAN OF SIKKIM CREATED THE HONORARY COURTSRULES. 89